321J.2 Operating while under the influence of alcohol or a drug or while having an alcohol concentration of .08 or more (OWI). 1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state in any of the following conditions: a. While under the influence of an […]
Category: Criminal Law
Operating While "Intoxicated" / DUI Iowa
There are three ways to be “intoxicated” or “under the influence” as defined by the Iowa Code for the offense of Operating While Intoxicated. Let’s start with what the actual law (Iowa Code §321J.2) says: 1. A person commits the offense of operating while intoxicated if the person operates a motor vehicle in this state […]
"Operating" While Intoxicated / DUI in Iowa
As I have stated elsewhere on my website, the Iowa legislature has decided to call our drunk driving offense “OWI” for Operating While Intoxicated, (also called Operating While under the Influence) as opposed to many other jurisdictions which use the term “DUI” for Driving Under the Influence. Part of the reason for the “Operating” distinction […]
Kirkwood OWI / DUI Weekend Program in Iowa
Sometimes the Court will allow a person convicted of OWI to complete their mandatory 48 hours in jail by attending the Kirkwood OWI Weekend Program. When a deferred judgment is granted, the Court will often require this course as part of the probation. Either way, the OWI program is a great alternative to spending 48 […]
Refusing to Blow During an OWI / DUI Stop in Iowa
During most police stops on suspicion for DUI / OWI, the officer will request a breath sample. What happens if a defendant refuses? There are two different breath samples which the officer may request. The first is the preliminary breath test or “PBT” or field test. This is the small box which officers carry with […]
Read More… from Refusing to Blow During an OWI / DUI Stop in Iowa
Substance Abuse Evaluation for Iowa OWI / DUI
When an arrest is made for OWI in the State of Iowa, a substance abuse evaluation must be ordered to be completed. In Johnson County (Iowa City) the judge will order that this substance abuse evaluation be completed within 10 days. This is one of the most immediate deadlines that will occur with an OWI […]
Read More… from Substance Abuse Evaluation for Iowa OWI / DUI
Johnson County OWI / DUI Deferred Judgment Update
A few legislative terms ago, a deferred judgment would allow a defendant to plead guilty to a crime without being assessed any fines. In an OWI / DUI, a defendant could be granted a deferred judgment, and instead of the (then $1000.00 + 30% surcharge) minimum fine, the defendant would pay only a supervision fee […]
Read More… from Johnson County OWI / DUI Deferred Judgment Update
Sleeping in Car = OWI /DUI in Iowa?
Iowa case law is clear that if a person is behind the wheel of an automobile with the engine operating, and that person is intoxicated, they would be guilty of OWI. The vehicle does not have to be in motion, and the State does not have to prove any intent to drive. Mere “operation” of […]
Briefly Crossing the Roadway Edge = OWI / DUI Stop in Iowa?
One of the positive cases to surface in Iowa regarding OWI stops is State v. Tague, 2004. When a motion to suppress is filed in regard to whether a car was stopped for weaving, Tague is usually cited. In this case, the defendant was traveling on a four lane highway, with a painted median dividing […]
Read More… from Briefly Crossing the Roadway Edge = OWI / DUI Stop in Iowa?
Iowa OWI / DUI Field Tests – the "Eye Test"
One of the standardized field sobriety tests that today’s officers employ is the Horizontal Gaze Nystagmus test (HGN) also called the “eye test.” The HGN is one of the most tricky and generally most damaging pieces of evidence a prosecutor can present in a borderline OWI trial. It is also a very powerful tool used […]